adequacy of NOIR and revocation decision under 8 C.F.R. § 205.2(c) and Matter of Ho
AAO 为什么未被说服
AAO concluded the Director failed to specifically identify the organizations and work experience at issue, did not explain how the verification failures made the Petitioner ineligible for EB-2 classification or defeated the forward-looking proposed endeavor, did not address rebuttal arguments, and did not conduct a substantive Dhanasar analysis.
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AAO concluded the Director failed to specifically identify the organizations and work experience at issue, did not explain how the verification failures made the Petitioner ineligible for EB-2 classification or defeated the forward-looking proposed endeavor, did not address rebuttal arguments, and did not conduct a substantive Dhanasar analysis.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
裁决如何说明
AAO reserved this criterion under Bagamasbad because the dispositive issue was the step-2 final merits determination. In its step-2 discussion, AAO noted the record shows contributions of significance to employers but not of major significance in the broader field, and that projects discussed on appeal appeared unrelated to art, theatre, and film production.
为什么值得参考
区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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AAO reserved this criterion under Bagamasbad because the dispositive issue was the step-2 final merits determination. In its step-2 discussion, AAO noted the record shows contributions of significance to employers but not of major significance in the broader field, and that projects discussed on appeal appeared unrelated to art, theatre, and film production.
Published material about the alien in professional or major trade publications or media
证据为何得到认可
The Director and AAO both found the criterion satisfied at the plain-language level. However, AAO noted at step 2 that the published materials were limited to 2023 and 2024, shortly before filing, and thus did not demonstrate sustained acclaim over a long period.
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The Director and AAO both found the criterion satisfied at the plain-language level. However, AAO noted at step 2 that the published materials were limited to 2023 and 2024, shortly before filing, and thus did not demonstrate sustained acclaim over a long period.
Performance of a leading or critical role for organizations or establishments with a distinguished reputation
证据为何得到认可
The Director and AAO both found criterion (viii) satisfied at the plain-language level. However, AAO noted at step 2 that the evidence appeared limited to 2014, without showing sustained acclaim thereafter.
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The Director and AAO both found criterion (viii) satisfied at the plain-language level. However, AAO noted at step 2 that the evidence appeared limited to 2014, without showing sustained acclaim thereafter.
High salary or other significantly high remuneration in relation to others in the field
裁决如何说明
AAO reserved this criterion under Bagamasbad because the dispositive issue was the step-2 final merits determination. In its step-2 discussion, AAO noted the record lacks probative evidence of salaries of others in the field, so the criterion is not satisfied.
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AAO reserved this criterion under Bagamasbad because the dispositive issue was the step-2 final merits determination. In its step-2 discussion, AAO noted the record lacks probative evidence of salaries of others in the field, so the criterion is not satisfied.
The Director found the record does not establish the Petitioner received a one-time achievement of a major, internationally recognized award. The Petitioner did not contest this on appeal.
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The Director found the record does not establish the Petitioner received a one-time achievement of a major, internationally recognized award. The Petitioner did not contest this on appeal.
Authorship of scholarly articles in professional or major trade publications or media
证据为何得到认可
The Director and AAO both found criterion (vi) satisfied at the plain-language level based on one article published in 1990. However, AAO noted at step 2 that a single article, with no evidence of citations by others, did not demonstrate sustained acclaim over the intervening decades.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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The Director and AAO both found criterion (vi) satisfied at the plain-language level based on one article published in 1990. However, AAO noted at step 2 that a single article, with no evidence of citations by others, did not demonstrate sustained acclaim over the intervening decades.
AAO agreed that the support letters were not corroborated by independent objective evidence showing the Petitioner's work had meaningfully advanced the field, that citation percentile comparisons were of limited probative value without also showing widespread commentary or comparable impact to recognized major contributions, and that a DoD funding grant principally funds future research rather than recognizing past contribu…
为什么值得参考
区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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AAO agreed that the support letters were not corroborated by independent objective evidence showing the Petitioner's work had meaningfully advanced the field, that citation percentile comparisons were of limited probative value without also showing widespread commentary or comparable impact to recognized major contributions, and that a DoD funding grant principally funds future research rather than recognizing past contributions of major significance.
The Petitioner's field is not in the arts, and the regulation expressly requires display at artistic exhibitions or showcases. Providing fight sports instruction to a group of students does not equate to display of work at artistic exhibitions or showcases.
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The Petitioner's field is not in the arts, and the regulation expressly requires display at artistic exhibitions or showcases. Providing fight sports instruction to a group of students does not equate to display of work at artistic exhibitions or showcases.
Documents from KFB's website and the OHCF letter describe events, activities, and objectives but do not establish that membership criteria rise to the level of outstanding achievements judged by recognized national or international experts.
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Documents from KFB's website and the OHCF letter describe events, activities, and objectives but do not establish that membership criteria rise to the level of outstanding achievements judged by recognized national or international experts.